HomeMy WebLinkAboutContract 16648 DRAINAGE CHANNEL MAINTENANCE AGREEMENT CLP °
CITY SECRETARY
THE STATE OF TEXAS § CONTRACT
§ KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF TARRANT §
WHEREAS, Great Western Savings Bank, hereinafter referred
to as "Owner" of the property described on Exhibit "A" attached
hereto (hereinafter referred to as "Property" ) , proposes to
construct a drainage channel which is shown on Exhibit "B"
attached hereto and hereby incorporated herein by reference for
all purposes (hereinafter referred to as the "Northwestern
Channel" ) located on Owner ' s property and in Oakhill Street .
NOW THEREFORE,
Owner represents that it is the owner of the Property shown
in Exhibit "A and for and in consideration of ONE DOLLAR
($1 .00) , and other good and valuable consideration, does hereby
promise, covenant and agree to the following:
1.
Owner covenants and agrees to maintain at all times and
assume all responsibility for the bed, banks, and any other part
of the drainage channel in accordance with the standards in
force and effect in the City of Fort Worth throughout the
duration of this agreement. Owner ' s obligations hereunder shall
be undertaken at no expense to the City of Fort Worth. The
adequacy of such maintenance shall be determined by the City' s
Director of Transportation and Public Works in his sole
discretion. If the drainage channel is not maintained according
to City standards, which shall include Owner ' s failure to
correct any deficiencies related to the drainage channel or to
f�
make any improvements in the bed and banks of the drainage
channel necessary to such required maintenance, or in the event
the drainage channel is improperly maintained, or Owner other-
wise fails to comply with the terms of this Agreement. Owner
shall have sixty (60) days after receipt of written notice from
the City indicating the nature of Owner ' s breach to commence and
complete all work required to rectify Owner ' s breach of its
obligation to maintain said channel as set forth herein. The
City of Fort Worth shall be authorized to enter in and upon the
Property to correct Owner ' s failure to properly maintain said
drainage channel, within said sixty (60) day period, if such
maintenance is necessary in an emergency to protect the public
health, safety or welfare, and shall have the right to enter in
and upon the Property to perform all maintenance work necessary
to rectify such deficiencies after the expiration of said sixty
(60) day period, regardless of the circumstances . Any mainte-
nance work undertaken by the City with respect to the drainage
channel shall be charged to the Owner. The City shall have a
lien on the Property securing said charge, which shall be per-
fected by filing in the office of the County Clerk of Tarrant
County, Texas, an affidavit identifying the Property, stating in
the amount thereof, and making reference to this Agreement .
2.
Owner shall indemnify, hold harmless, release and defend
the City of Fort Worth, from any claims, damages , costs , expen-
ses, causes of action, lawsuits or other adverse consequences,
arising, or which might arise, from the failure of owner or any
future owner( s) of the Property to maintain the drainage channel
as set forth in this Agreement or resulting from or related to,
Page 2 of 7
directly or indirectly: 1 ) flooding of the channel and its
banks; 2 ) slope failure of any of the banks of the channel, and
3 ) any failure of the drainage channel to comply with any appli-
cable laws, regulations, ordinances, procedures or standards of
any governmental entity having jurisdiction over the Property.
The foregoing provision shall apply in any event to the acts or
omissions of Owner or any third party and shall include but not
be limited to any claims, damages, costs, expenses, lawsuits,
causes of action or other adverse consequences, as described in
said provision, including those resulting from or pertaining to
the negligence of the City of Fort Worth; except that Owner
shall not be responsible or liable if the City of Fort Worth or
its contractor performs repairs or maintenance on any facility
owned by the City of Fort Worth located adjacent to said
channel, resulting in any damage to said channel . In addition,
Owner hereby waives any right to assert any claims, damages,
costs, expenses, lawsuits, causes of action or other adverse
consequences against the City resulting from or related in any
way to this Agreement. Owner shall provide City with a certifi-
cate of insurance indicating that Owner is the beneficiary of a
general liability insurance policy covering all risks assumed by
Owner under this Agreement. The insurance required of Owner
shall be in the following amounts:
Page 3 of 7
oy�
Property Damage 100,000
Personal Injury, including death, per person 250,000
Personal injury, including death, per occurrence 500,000
Owner agrees to have the amount(s) of any insurance required
hereunder revised upward on or before thirty ( 30) days after
receipt of written notice from the City requiring such revision.
3.
Owner covenants and agrees that no habitable building shall
be erected over or within the Easement . Owner may construct
other improvements within the Easement which do not impede
drainage, provided that Owner has submitted the plans and speci-
fications for such improvements to the City' s Director of
Transportation and Public Works, and has received the Director ' s
notification that he or she has no objection to such proposed
construction. Owner shall not commence construction within the
Easement or undertake any efforts preliminary thereto until said
notification has been received. Owner hereby releases City from
any responsibility or liability related either directly or
indirectly to said plans and specifications . In addition, Owner
shall indemnify City in accordance with Paragraph 2 above for
any responsibility or liability in any way related to the plans
and specifications assessed against City by any third party.
4.
Owner covenants and agrees that no habitable building shall
be erected on the Property adjacent to the Easement which shall
have a finished floor elevation less than one (1) foot above the
maximum depth of water in the drainage channel which would occur
during the one hundred (100) year flood.
Page 4 of 7
ov,
5.
It is herein agreed by the City that if Oakhill Street is
improved or extended in the future, the drainage channel within
Oakhill Street will be eliminated at no additional expense to
Owner and this agreement will be modified by its terms to only
include that portion of the drainage channel contained within
Owner' s property and Owner will not be responsible for any
further maintenance or facilities in Oakhill Street .
The City will use its best efforts to assist owner in
removing and preventing the general public from storing vehicles
or other items within Oakhill Street so as to provide access to
the drainage channel for proper maintenance.
6.
Owner agrees that the Property will not be subdivided into
smaller parcels or tracts unless a written agreement is executed
by the City of Fort Worth and Owner or its heirs, successors, or
assigns, providing for the maintenance and improvement, at no
expense to the City, of the bed, banks, and all other parts of
the drainage channel to the extent deemed necessary by the City,
impressing a lien upon such parcels or tracts for the cost of
such improvements, and indemnifying, holding harmless, and
releasing the City of Fort Worth, its agents, servants,
employees, representatives, and independent contractors upon the
same terms set forth in Paragraph 2 of this Agreement . It is
further agreed that any attempt by Owner to subdivide the
Property without complying with the foregoing requirements and
Page 5 of 7
VV4
any purported conveyance of any such subdivision lots or tracts
shall be void.
The failure or inaction by the City in enforcing any of its
rights or privileges hereunder shall not constitute a waiver of
the City' s ability to subsequently enforce such rights or
privileges.
The covenants and agreements set forth herein shall
constitute a servitude upon and shall run with the land and be
binding upon the Owner and its successors in interest to the
Property or any part of the Property.
The term "Owner" as used herein shall mean Owner, and
include the heirs, successors and assigns of owner, as well as
its agents, servants employees, representatives and independent
contractors.
The term "City" as used herein shall mean the City of Fort
Worth, and include the agents, representatives, servants,
employees, and independent contractors of the City of Fort
Worth.
Any notices required hereunder shall be effective as of the
date they are deposited in the United States mail, certified
return receipt requested. The notices shall be effective when
addressed as follows, provided the party mailing the notice has
not received written notification of a change in same.
Page 6 of 7
Owner : City:
GREAT WESTERN SAVINGS BANK City of Fort Worth
11201 S.E. 8th Street 1000 Throckmorton
Bellevue, Washington 98004 Fort Worth, Texas 76102
Should any portion of this Agreement be determined to be a
illegal, unconstitutional, or otherwise unenforceable, the
remaining portions of the Agreement shall continue in force and
remain effective and shall be construed consistently with the
originally intended purposes of the Agreement . This Agreement
shall be construed in accordance with the laws of the State of
Texas.
This Agreement may be amended by written amendment executed
by both parties hereto. This Agreement and any subsequent
written amendments shall constitute the entire Agreement of the
parties hereto and shall supersede any prior or contemporaneous
oral or written Agreements pertaining to the subject matter
contained herein. This Agreement, however, shall not conflict
with or supersede any restrictions or agreements placed on a
plat affecting the property.
eg
EXECUTED this-,/-7- day of A.D. , 198-7-.
APPRO .AS TO. PORM AND LWALITYs B
__J5 -cam
CITY OF FORT WORTH
GItY Atia t;cr-ney .�,�..�..
By:
DEED TRANSACTION AUTMOR.IZEBi"ty Manager
R —/ __5
dg DATE
Page 7 of 7
37.884 acres of:A and rixmatcd in the C. P. Parris Survey. �.
Ao.".trae8 too.° 1223, Ybr?dnt County, acxa;., and ocinq treat
certain tract of land conveyed to Charles A. bder, as recorded
in volume 7721, Pago 1216, Tarrant County Deed Recaeds. Said
37.864 acres of land being more particularly descr.oed oy
Motes and bounds as 8ollowsi
DsGUM200 at aia' axle found at the base of a bois d°arc 4oaike
Sound at the most northerly northwest corner of said bacr
Tract, said axle also being in the south line of that certain
tract of land conveyed to 11. T. Parker as recorded in volume
400, Page 20, Tarrant County Deed Records;
THENCE 3 890 431 471 Ea along the common fine of said Parker
and Baer Tracts;-.407.65 Soot to a 1/2 inch iron rod found at
the most northerly northeast corner 0.0 said Baer Tract. said
iron also being the northwest cornea of Lot 1, Block 1, E. P.
Parris Addition# an addition to the City of Fort worth, Texas,
as recorded in Volume 388/140, Page 60, Tarrant County Plat
Records; r
THENCE 3 00° 421 150 41, along the common line of said Baer
Tract and said Lot 10 532.97 toot to an axle sound at the
southwest corner of said. Lot Is °
THENCE N 890 431 3811 Eo ' continuing along said common line,
442.37 goat to a 1/2 inch 'iron rod found at the base of a bent
axle found at the most easterly northeast corner of said Baer
Tract. said iron also being in the west right-off-way line of
Parker Henderson .Road;
THENCE S 000 561 48" Co along the east line of said Baer Tract
and said west right-of-way line# 1425.53 fee_ to a 5/8 inch ,
iron rod found at the southeast corner of said Baer Tract. '
Said iron also being the northeast corner of that curtain
tract of land conveyed to Kenneth Ray Enos, at ux, as recorded
.in Volume 6356# Page 2136 barrant County Deed Records; °
THENCE S 890 461 28° We along the common line of said Baer o p
Tract and said .Enos Tract and along the common line of said
Baer Tract and* the Naomi Addition, an addition to the City of
Fort Worth, Texas, as recorded in Volume 388/15, Page 39, ?;
Tarrant County Plat Records, 510.20 Seet . to a 1/2 inch iron
rod founds
THEN-.-. H 89° 341 41° Wo continuing along said common line of
said Beer Tract and said Naomi Addition, 431.23 tee: to a 5/81,
iron rod found am the nos.hwost corner of said Naomi Addition,
same being the southwest' a:orner of said Baer Tract. said ison
also being in the east right-of-way line of Hartman Drive:
TH41:CE 13 00° 0G+° 27 ° Eo' along said east right-qf-way Line and
the west line oS, said Baez Tract, 554.49 feet to a '1/2 inch
!rasa rod found at• the most westerly northwest corner of said
User :Pact. some being in the south line of Block 1, Carry ,
Williams Addition, an addition to the City of Fort Worth,
Teams, as reco"ded in Volume 3BB/56, page 56, Tarrant County
Plat Records;
THEHtCE !' 490 5*51 45" Eo leaving said east right-o?-way line
-i
and alor, Lite common line of said Boor Tract and said` Block 1,
439.41 feet to an ®idle found at the southeast corner`,, of said
block 1;
THCI:CE tt 000 341 lC" w. continuing along said common line,
1,04.31 feet to the PO11iT Or BEGINNII:C', and containing 37•.B84
acres of land.
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NOR-TMYESTERN CHANNEL.
EXHIBIT t'B"
INDTAI••! CREEK_MORTLF_HOMF PARK
I
YGREAT WMED V1NGS Insurance Brokers/Surety Bonds
1700 First Interstate Center/999 3rd Avenue
PS&F JAN 11 1988 Seattle, Washington 98104(206)382-7900
Telex(71)296332 PSFS UR/Fax(206)382-1135
Parker, °t ee ,Inc.
January 7, 1987
r
Mr. Charles Brengle
Great Western Savings Bank
P O Box C-91080
Bellevue, WA 98009
Re: City of Fort Worth
Certificate of Insurance
Indian Creek Mobile Home Park
With respect to the above, we are pleased to enclose the following:
Original Policy Certificate of Insurance
Copy of Policy Endorsement
Loss Payable Clause Mortgagee Clause
Invoice # For$ Credit Memo# For$
Check # For$ Renewal Certificate
This is issued in connection with: To comply with the terms of the contract with the City
of Fort Worth, we have issued a Certificate of Insurance naming the City as an
Additional Insured. The original certificate for delivery to the City of Fort
Worth is enclosed along with a copy for your files. Please call if you have
questions regarding the certificate.
We trust you will find the enclosure(s) to be in order.
Very truly yours,
PARKER, SMITH & FEEK, INC.
Roberta Dempsey
cc: Tonja Comstock
i- Benchmark, Inc.
'
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8�� ���� �U� �� ��K��� � ��
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CERTIFICATE ���� INSURANCE
������ m mm��m"�w=um �� ��m� m=��"��_uz��m�����
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
. .,
ISSUED TO: CITY OF FORT WORTH
1000
����u�^�,����/
Fort Worth, ]X 76102
-
- - - '
NAME OF INSURED: GREAT WESTERN SAVINGS BANK
P. U, Box C-91080
Bellevue, M8 98009
This is to certify that policies of insurance listed below have been issued to the insured named above
for the policy period |ndioatod. Notwithstanding any requirement, fonn or condition of any contract or
other document with respect to which this certificate may be Issued or may pertain, the Insurance
afforded by the policies described herein Is subject to a| | the terms, exclusions, and conditions of such
policies.
COVERAGES PROVIDED LIMITS
1. Other Than Auto - Bodily $ 2,O0 ` O,, General Aggregate
Injury & Property Damage $ 1,000,000. Produnfs/C6mp-0ps Aggregate
Liability $ 1,000,000, Personal & Advertising Injury
$ 1,000,000. ` Each Occurrence
$ 50"000. / Fire Damage (Any One Fire)
$ �5°o0O, Medical Expense (Any One Person)
EFFECTIVE EXPIRATION
NAME OF INSURANCE COMPANY POLICY NUMBER DATE DATE
1° TRANSCONTINENTAL INS. CO. OF100574443 09-05-87 09-05-88
Description of item, location, or project. to which this certificate applies:
RE: Drainage {hozoaaI Maintenance on Indian Creek Mobile Horne Park
It is agreed that the City of Foo± Wor±h is included as an JddLLticouaI Insured
but - only with respect to liability arising in 000zxscticnz
with the adx7me referenced project. It is further understood and agreed that
the inclusion of more than one Insured hereunder shall not increase the limits
of liability afforded by this policy.
Should any of the above-described policies be cancelled before the expiration do+o thereof, the policy
Issuing company will endeavor to mail 30 days (10 days for reason of non-payment) written notice to the
certificate holder named above, but failure to mail such notice shall impose no obligation or liability
of any kind upon the company, Its agents or represon+a+ives.
Date of Issue: PARKER, SMITH u rEsm, INC.
|
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